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Immigration Issues/DV2008 winner, am i eligible for AOS

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Question
Hi
I'm selected for the dv2008 and my question is: is it possible for to do the AOS? am i eligible for the 245i?
Let me give a little bit of info about my case:
I came here with a F-1 visa with I-94: D/S , I graduated in 2004(master degree), did a  one year OPT, after that i got married in 2005, went to the interview in 2006;  later on got a letter from USCIS stating :"your petition has been formally withdrawn, because of absence of evidence your application cannot be approved, therefore denied". i didnt even try to do an appeal because my marriage didnt work and i'm at the moment separated. And now i'm selected for the dv2008.
What are my chances and risks.
Any advices will be really appricated.

Thanks

Dave

Answer
Your not eligible for AOS, since you have been out of status since the I-485 was denied. Becaseu you came on F-1 with D/s, your only option is to process your immigrant visa inyour home country. You will notbe subject to 3 or 10 year bar because you were not given a specific date to leave (you were given D/s).

Regards,

Robert

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